Legal Opinion

Aetna Casualty & Surety Co. v. Cartigiano

Appellate Division of the Supreme Court of the State of New York

Decided December 9, 1991PublishedCited by 7 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR 7503 to stay arbitration of an underinsured motorist claim, the petitioner Aetna Casualty & Surety Company appeals from an order of the Supreme Court, Nassau County (O’Shaughnessy, J.), entered January 18, 1991, which, upon reargument, vacated a prior order of the same court dated August 30, 1990, staying arbitration pending an evidentiary hearing on the issue of whether the respondent is a "family member” as defined by the subject insurance policy, and dismissed the petition to stay arbitration.

Ordered that the order entered January 18, 1991, is reversed, on…

2Cases cited4 opinions

  1. Albert J. Schiff Associates, Inc. v. FlackNew York Court of Appeals · 1980
  2. In re the Arbitration between Matarasso & Continental Casualty Co.New York Court of Appeals · 1982
  3. Fireman's Fund Insurance v. FredaAppellate Division of the Supreme Court of the State of New York · 1989
  4. United States Fidelity & Guaranty v. HouseyAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by7 opinions

  1. Interboro Insurance v. MaraghAppellate Division of the Supreme Court of the State of New York · 2008
  2. United Community Insurance v. GabrielAppellate Division of the Supreme Court of the State of New York · 1996
  3. Eagle Insurance v. PerezAppellate Division of the Supreme Court of the State of New York · 2002
  4. State Farm Mutual Automobile Insurance v. MandalaAppellate Division of the Supreme Court of the State of New York · 2001
  5. Continental Casualty Co. v. LeceiAppellate Division of the Supreme Court of the State of New York · 2008

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